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Lecture 5

LAWS 1000 Lecture Notes - Lecture 5: United States Territorial Court, Monism, Treaty


Department
Law
Course Code
LAWS 1000
Professor
Ozsu Faik
Lecture
5

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LAWS1000 – Week 5, Oct 7th
2key sources of international law:
1. International treaty law
- Composed of legal instruments between states
- Generate binding legal obligations
- Legal agreements between states
- Kind of function the way contracts do in the domestic legal system
- Regulate/govern relations
- Can be called conventions, covenants, pacts, agreements, etc.
How to make a treaty official:
- Needs to be signed and ratified to become a state party (ratify = reinforces the signature
basically) – this is an executive power
- Also needs enabling legislation (laws that enable the treaty)
2. Customary international law
- The body of international legal rules that arise from general practices of states that are
recognized to be legally binding
2 components: (need both)
1. State practice
- Consistent pattern of state practice
- Have in fact over time done X (ex: not hunting wales in the North Sea)
2. Opinio Juris
- Legal opinion/belief
- States behaving in accordance with the state practice because they think its lawful
- They think it’s in accord with some kind of legal rule
- Problem: how do you judge if a state believes a certain thing or not
- The acceptance of the consistent practice as legal
The reception of international law (2 schools of thought):
1. Monism:
2. Dualism:
Customary international law:
- Generally understood to be a part of Canadian domestic law
- Doesn’t need to be incorporated into the domestic legal orders of CND by means of
specific legislation to that effect, in order to have force and effect
- Canada is “adoptist” when it comes to customary international law
- Already a part of Canadian law – comes from British tradition (some may dispute this)
find more resources at oneclass.com
find more resources at oneclass.com
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